The legal effects of IncaMail messages sent and received using the "Registered Mail" shipping method depend, in each individual case, on the applicable legal provisions and the case law and administrative practice of the national legal system responsible for the assessment, as well as any existing private agreements. See also https://www.bj.admin.ch/en/electronic-transmission-delivery-platforms.
The careful clarification of the legal effect and admissibility of electronically transmitted messages is exclusively the responsibility of the customer in each individual case.
For a legal assessment, the following facts regarding IncaMail registered mail are important:
- The PDF receipts contain all relevant data and are electronically signed by Swiss Post.
- Swiss Post, as an independent third party, can provide proof of the transaction data at any time upon request using log files (but not the respective content of the shipment).
- Transmissions that take place within the framework of VeÜ-ZSSV are governed by this ordinance.
According to the requirements of the Federal Department of Justice and Police (FDJP), we point out that end-to-end encryption of electronic messages is not required: An unencrypted message may be stored unencrypted on the delivery platform and thus may be viewed by the service provider or by third parties commissioned by it, even if this is prohibited. Users who cannot accept the risk of such access must refrain from using the delivery platform or additionally encrypt the message (e.g., with the recipient’s public signature key).